ART 14

Theory of territoriality

 Any offense committed within our territory offends the state. Therefor;
 Any person, whether citizen or alien can be punished for committing a crime here.

Theory of generality

 The term generality means that even aliens, male or female come under our territorial
jurisdiction. (Aliens owe some sort of allegiance even if it be temporary.)

EXCEPTIONS: article 14 recognizes 2

 The principles of public international law.

- Ex. immunities granted to diplomatic officials and visiting heads of states provided they do not
travel incognito. – But with the knowledge of our gov. officials, they are entitled immunity. But if
not, they can be arrested but if they reveal their identity, they are given immunity.
- A friendly foreign army is usually exempt from civil and criminal responsibility. (Be stationed here
or march through our country.)

 The presence of treaty Stipulations

- From the Philippine-United States Military Bases Agreement, there are some provisions
exempting certain members of the armed forces of the United States from the jurisdiction of our
courts.

Constitutionality of Military Bases Agreement

 If bases may validly be granted the United States under our constitution, it follows necessarily
that the lesser attribute of jurisdiction over certain offenses may be waived or given by law or
treaty.
 The grant of bases necessarily includes the waiver of jurisdiction within the terms “necessary
appurtenances to such bases and the rights incident thereto”

ART 15

STATUS

 The status of a person in civil law includes personal qualities and relations, more or less
permanent in nature and not ordinarily terminable at his own will (married or not, legitimate
or illegitimate)
 Sum total of a person’s rights, duties and capacities.
Scope of ART 15

 Family rights and duties (including parental authority, marital authority, support)
 Status
 Condition
 Legal Capacity (which has various exceptions)

Applicability of ART 15

- It is a rule of private international law/ conflict of rules. It contains reference to a foreign

element, such as a foreign country.
- Stresses the principle of nationality (US and GB ; domicile)

Does ART 15 apply to Filipinos merely?

 Yes- insofar as Philippine laws are concerned. ( A Filipino husband is still a husband under our
law wherever he may be or go.)
 No- In the sense that nationals of other countries are also considered by us as being governed in
matters of status by their own national alw.

Capacity to enter into ordinary contract

 It is governed by the national law of the person and not by the lawe of the place where the
contract was entered into.

Capacity under the Code of Commerce

 ART 15 of the CoC states that “foreigners and companies created abroad may engage in
commerce in the Philippines, but it is subject to the laws of their country with respect to their
capacity to contract.

Capacity to Enter into Other Relations

 Not necessarily governed by the national law of the person concerned.

 Thus Capacity to acquire, donate, sell properties depend on the law of the place where the said
property is situated.
 Capacity to inherit depends not on the national law of the heir but of the decedent.
 Capacity to get married depends not on the national law of the parties, but on the law of the
place where the marriage was entered into.
ART 16.

Property whether real or personal is governed by the rule Lex Rei Sitae .

Lex Rei Sitae - which means the law of the place the property is situated.

Under the old civil code

 Personal property was subjected to the law of the nation of the owner.

Mobilia Sequuntur personam - Personal property follows the national or domiciliary law of the owner

- There has been a great increase in the amount and variety of personal property not immediately
connected with the person of the owner, it was deemed advisable by the congress of the
Philippines to adopt the doctrine of lex rei sitae also to movables.

Exception to the Lex Situs rule

- One exception occurs in the case of successional rights. FF are governed by the national law of
the deceased.
 Order of Succession
 Amount of Successional rights. (Amount of property that each heir is legally entitled to inherit
from the estate available for distribution.)
 Intrinsic validity of the provisions of a will. (ex. Whether a disinheritance has properly been
made or not; whether a testamentary disposition can be given effect or not.)
 Capacity to succeed

The Renvoi Problem

- Renvoi literally means a referring back; the problem arises when there is a doubt as to whether a
reference. In our law to a foreign law (such as the national law of the deceased).

 Is a reference to the INTERNAL law of said foreign law; or

 It is a reference to the WHOLE of the foreign law, including its CONFLICT RULES.

ART 17

- The first paragraph of the Article lays down rules of lex loci celebrationis insofar as intrinsic
validity (forms and solemnities) is concerned. Ex. A contract entered into by a Filipino in japan is
governed by the Japanese law insofar as forms of solemnities are concerned.
Rule of Exterritoriality

 Even if the act was done abroad, still if executed before Philippine diplomatic and consular
officials, the solemnities of Philippine laws shall be observed. The act is being done within an
extension of Philippine territory (the principle of exterritoriality)

The third paragraph gives one exception to the rule that a foreign law, contract, or judgement can be
given effect. The reason is that public policy in the Philippines prohibits the same.

Examples:

 A contract for the sale of human flesh (prostitution), even if valid where made, cannot be given
effect in the Philippines.
 Absolute divorce granted to Filipinos abroad, even if valid where given, cannot be recognized in
the Philippines. Absolute divorce is prohibited.

Intrinsic Validity of Contracts

 There is no law mentioned to govern the intrinsic validity of contracts in general.

 The prevailing rule in Private International law is to consider lex loci voluntas (the law of the
voluntarily selected) or lex loci intentionis (the law of the place intended by the parties to the
contract.)

ART 18

The application of the civil code provisions is extended to matters governed by other sets of laws, The
Code of Commerce and Special Laws, but only in case of their deficiency.

Rule in Case of Conflict Between the Civil Code and Other Laws.

 In case of conflict with the Code of Commerce or special laws, the Civil Code shall only be
suppletory, except if otherwise provided for under the Civil Code.
 In general, in case of conflict, the special law prevails over the Civil Code, which is general in
nature.

When The Civil Code is Superior

- There are instances when the Civil Code expressly declares itself superior to special laws:
 Common carriers- The Code of Commerce supplies the deficiency
 Insolvency- The special laws supply the deficiency

The Case of Usury

- In case of conflict, the new Civil Code applies. But another article, the new Civ code
inconsistently says that in case of conflict, usurious transactions are governed by special laws.
 - However, the SC held that “for some time now, usury has been legally non-existent; interest can
now be charged as lender and borrower may agree upon.”

ART 19

Why did the Code commission formulated a chapter on Human Relations?

 It was formulated to present some basic principles that are to be observed for the rightful
relationship between human beings and the stability of the social order.
 These guides for human conduct should run as through society, to the end that law may
approach its supreme ideal which is the sway and dominance of justice.”
 This Article lays down a rule of conduct for the government of human relations and for the
maintenance of social order.

Scope of the Article

 Acting with Justice

 The giving to everyone his due
 The observance of honesty and good faith

- Rights must never be abused, the moment they are abused, they cease to be right.
- The exercise of a right must be in accordance with the purpose for which it was established and
must not be excessive or unduly harsh. There must be no intention to injure another.

Abuse of right

 When a right is exercised in a manner which does not conform to the norms stated in this article.

Requisites of Abuse of Right

 The existence of legal right or duty

 Which is exercised in bad faith
 For the sole intent of prejudicing or injuring another.

Honesty – careful regard for other’s rights and property.

Good Faith – honest intention to avoid taking undue advantage of another.

Bad Faith – Imports a dishonest purpose and conscious doing of wrong, or a breach of known duty due
to some motives or interest.